The Bozeman weekly chronicle. (Bozeman, Mont.) 1883-1889, 1887-11-30
An Important Land Decision.

to provide for the adjustment If land
grants made by congress to aid in the
construction of railroads and for the for
fixture of unearned lands and other
purposes, is made public to night. The
opinion is given in reply to a question
asked by the secretary of the interior.
The opinion is substance is as follows
The frat section of the act named
directs the adjustment of grants. The
second section provides for the restora-
ton of the title to the United States
where lands have been enormously GER
titled or patented to railroads. The third
section is that if in the adjustment of
said grants it shall appear that a home
stead or prescription entry of any bona
fed settlers has been enormously coneel.
led on account of any land grant OF
withdrawal of public lands from the
market, such settlers upon application
stall be reinstated in all his rights and
allowed to perfect his entry by comply
Ing with the public land laws; provided.
that he has not located another claim or
made an entry in lieu of the one so
enormously cancelled; and provided,
also that he did not voluntarily abandon
said original entry; and provide, further,
that if any of said settlers.
DO NOT RENEW THEIR APPLICATIONS
to be reinstalled within n reasonable
time. to he fixed by the secretary of the
interior, then all such unclaimed lands
shall be disposed of under the public
land laws, Of which priority of right shall
be given to bona fide purchasers of said
unclaimed lands, If any, and if there be
no such purchaser, them to bona tide set.
tiers residing thereon" The question
submitted under this section was, "what
| class of purchasers is referred to by the
expression, bona fide purchasers of such
unclaimed lands p" The rights of the
several classes to the lands referred to in
TIE section are successive in the order
stated therein. FIRST in right is the
homestead or presumption settler, whose
entry has been wrongfully cancelled. If
he elects to assert his right, and has not
been disqualified by locating another
claim, or making another entry in lieu
of that enormously cancelled, his right
is absolute n the successive rights OF
the remaining Two classes cannot altacNi
II he lawfully asserts MS claim. II ne
fails TO claim the ana or Is uls1udiiieu
under the act, the second class OF
persons who are
THE BONA FIpE PURcH sER
of The land unclaimed BY him attach
and have ~precedence oyer the third class
The boro 6de purchasers AVE referred
IN are those who w,tbout kno y)edge O.
wrono mr. error have purchased from the
railway COMPANY lands which have been
n~reviouslv entered Inv the pre-emptiou
mr. bopoestead ~settlers whose entry has
besn er~ropeous,y cancelled: and which
land the nre.emntor or homestead settle,
dill MT elect IN claim after recover by
the p~roceedinps prescribed by the sec
ond section of the act. The second sec
tion of thc act WAS. "can the department
after the adjustment of a grant, issue q
patent To the purchaser. of such land be
fore said land has been recon, eyed b,
the road or title recovered by iudicia
proceedings ?" In reply to the attorney
general cav "Untll lands Stall hay,
been legally determined to belong to til,
United States the right to issue patent.
under he fourth section does not arise
If patents should issue under the fourth
sectlod before a reconyeyance or iudicia
recovery under the second, and proceed
ings should then be instituted to canoe
:, the patent issued to the railroad, in cas-
OF a decision adverse to the government
two patents would be outstanding at tn
same time for the same land" TIL
third question was "The fitl, section
of said act provides that where a rail
: road
COMPANY HAS SOLD LANDS
not conveyed to or for the use of sue
> company, and where such lands are 70
= any reason excepted from the operatio,
Of the grant of sad it shall b
lawful for a bona fide purchaser therec
from said company to make payment t.
the United States for said land, an
thereupon a patent shall issue thereo
to said bona fide purchaser" The sui
, mitted under this section is whethe
the provision last quoted is confirmed i
its application to lands, or whether
, applies to land within the lndemnit
!, limits of which tins company had mad
made selection, but which has not bee
f approved. The attic rney genera says
The first section of the act the use ,
the worl grant" must have necessariI
included both primary and irdemnit
limits in the adjustment, as it was doub
less intended that the adjustment shoul
, be a full and final one. The protectio
, afforded and the redress granted the Sc
: tier by each of the SECTIONS is fully {
important in indemnity as in primar
limits, in order that the remedy NAV |
ADEQUATE 10 raJrao, tba ,rr,,r IT.
. word grant, in the fifth section. mn,